REALWorld Law

Is there a minimum duration for residential leases?

Yes, this is possible in each of the three Regions. Please note that the Walloon Region and the Brussels-Capital Region have adopted an indicative rent scale to which the parties may refer.

In the three regions, a higher rent can only be requested by indexation or by a revision of the rent. The revision of the rent is possible if the normal rental value of the property has increased in the meantime by at least 20% as a result of new circumstances or by at least 10% as a result of work in the leased property.

The Brussels Residential Housing Code also provides that the rent is presumed abusive in case (i) it exceeds the reference rent by 20%. This presumption may be overturned when it is established that the difference between the rent charged and the reference rent is justified by substantial elements of comfort intrinsic to the accommodation or its environment; or (ii) does not exceed 20% of its reference rent but that it has substantial quality defects intrinsic to the accommodation or its environment.

Last modified 1 May 2025

Is there a minimum duration for residential leases?

Indexation of rent is expressly regulated in each of the three Regions. The same rule applies in every Region.

Landlords can only index the rent based on the cost of living according to the Health Index published by StatBel. If (i) indexation is not expressly excluded and on condition that (ii) the residential lease agreement is concluded in writing, the adjustment of the rental price to the cost of living shall be (iii) due once per rental year, on the anniversary of the entry into force of the residential lease agreement. Further, the indexation does not occur automatically and is  shall only be applied at the written notice from the landlord to the tenant. Indexation can only be applied retroactively for a maximum of three months prior to the notice.

In 2022, each of the three Regions introduced a mechanism which temporarily limits the indexation of residential leases due to the energy crisis and the extraordinary increase in inflation. Such mechanisms are based on the score of the EPB certificate of the leased premises. However, this limitation on indexation has expired and landlords may apply the normal indexation.

Last modified 1 May 2025

Is there a minimum duration for residential leases?

Similar rules apply in each of the three Regions, with a few differences:

Residential lease contracts with a duration of more than 9 years

The same rule applies in the three Regions. For a residential lease contract of which the duration is longer than nine years, the landlord can give notice of termination at the end of the third three-year period or at the end of a subsequent three-year period and must pay a compensation of three months’ rent.

Residential lease contracts with a duration of 9 years

Normal end of the residential lease contract

The landlord must give notice of termination of the residential lease contract at least six months before the end date (ie at the end of the nine-year period) of the residential lease contract.

The landlord can also terminate the residential lease contract when the first or second three-year period has elapsed, in which case a compensation (but no motivation) is due to the tenant.

Parties cannot agree in writing to restrict or exclude this possibility in the residential lease contract.

Notice of termination in case the landlord or his family wants to live in the leased premises

Flemish Residential Housing Code

• If the landlord himself wishes to occupy the leased premises, the latter may give notice of termination of the residential lease contract at all times, respecting a notice period of six months.

• If the landlord’s direct family (eg children, wife, husband) wishes to occupy the leased premises, the landlord can again give notice of termination of the residential lease contract, respecting a notice period of six months, but the notice period cannot be shorter than the first three-year period of the residential lease contract. This means in practice that the landlord cannot force the tenant to leave the leased premises before the end of the first three-year period of the residential lease contract.

Walloon Residential Housing Code

• If the landlord himself or his direct family (eg children, wife, husband) wishes to occupy the leased premises, the lease can be terminated with six months’ advance notice to the tenant. 

• With respect to distant family members (eg third-degree relatives, ie uncle or aunt), the landlord can again give notice of termination of the residential lease contract, respecting a notice period of six months, but the notice period cannot be shorter than the first three-year period of the residential lease contract. This means in practice that the landlord cannot force its tenant to leave the leased premises before the end of the first three-year period of the residential lease contract.

Brussels Residential Housing Code

• If the landlord himself or his close family (eg children, wife, husband) wishes to occupy the leased premises, the landlord can give notice of termination of the residential lease contract at all times, respecting a notice period of six months.

• For more distant family members (eg third-degree relatives, ie uncle or aunt), the landlord can again give notice of termination of the residential lease contract, respecting a notice period of six months, but the notice period cannot be shorter than the first three-year period of the residential lease contract. This means in practice that a landlord cannot force its tenant to leave the leased premises before the end of the first three-year period of the residential lease contract.

• The parties can also agree in writing to restrict or exclude this possibility in the residential lease contract.

Notice of termination in case the landlord wants to carry out renovation works to the leased premises

Flemish Residential Housing Code

• Subject to specific conditions, the landlord may terminate at any time a residential lease with six months’ advance notice to the tenant for significant renovations. However, the notice period cannot be shorter than the first three-year period of the residential lease contract. This means in practice that a landlord cannot force its tenant to leave the leased premises before the end of the first three-year period of the residential lease.

Walloon Residential Housing Code

• Subject to specific conditions, the landlord may terminate the residential lease contract at the end of the first or second three-year period, subject to a notice period of six months.

Brussels Residential Housing Code

• Subject to specific conditions, the landlord may terminate the residential lease contract at the end of the first or second three-year period, subject to a notice period of six months.

• Parties can agree in writing to restrict or exclude this possibility in the residential lease contract.

Residential lease contracts with short duration (3 years)

Different rules apply in the three Regions.

Flemish Residential Housing Code

• The landlord cannot terminate the residential lease contract before its end date. However, the lease can be terminated if one of the parties has given notice at least three months before the expiry of the term stipulated in the contract.

Walloon Residential Housing Code

• The landlord may terminate the residential lease contract after the first year of the residential lease, subject to a notice period of three months and a compensation of one month.

Brussels Residential Housing Code

• The landlord may terminate the residential lease contract after the first year of the residential lease, subject to a notice period of three months and a compensation of one month.

• Parties cannot agree in writing to restrict or exclude this possibility in the residential lease contract.

Last modified 1 May 2025

Is there a minimum duration for residential leases?

Residential lease contracts with a duration of more than 9 years

The same rule applies in the three Regions. For a residential lease contract of which the duration is longer than nine years, the tenant can terminate the residential lease contract at all times in which case the landlord is entitled to a compensation of three months' rent.

Residential lease contracts with a duration of 9 years

The same rule applies in the three Regions. The tenant can terminate the residential lease contract at any time, subject to a notice period of three months. During the first three-year period, the landlord is entitled to a compensation of 3/2/1 months’ rent, according to in which year the notice of termination was given.

Residential lease contracts with short duration (3 years) 

Different rules apply in the three Regions.

Flemish Residential Housing Code

• The tenant can terminate the residential lease contract at any time, subject to a notice period of three months and a compensation to the landlord. The compensation is equal to: 1.5 months’/ one months’/0.5 months’ rent, depending on whether the residential lease contract ends during the first, second or third year.

Walloon Residential Housing Code

• Subject to three months' notice, the tenant may terminate the lease at any time. In this case, the tenant is entitled to compensation equal to three months' rent.

Brussels Residential Housing Code

• The tenant may terminate a residential lease contract with a term longer than six months at any time with three months’ notice and a compensation of one months’ rent. The lease for a term of less than six months shall expire on the expiry of the agreed term. The parties cannot restrict or exclude this possibility in the residential lease contract.

Last modified 1 May 2025

Is there a minimum duration for residential leases?

The procedure is the same in the three Regions.

The landlord must file a claim with the competent Peace Court and request to have the tenant removed from the property. In case the justice of the peace orders the eviction, the tenant has one month to leave the property. The period of one month starts from the service (official notification) of the judgment by the judicial officer.

Last modified 1 May 2025

Is there a minimum duration for residential leases?

Flemish Residential Housing Code

• The tenant shall pay the rent as well as the costs and charges on the agreed term. In principle, all repairs are at the expense of the landlord, except for:
  • minor repairs;
  • repairs necessitated by incorrect use or use or poor maintenance by the tenant;
  • repairs required because the tenant has not fulfilled his reporting obligation (unless who can prove that the landlord was nevertheless aware of the necessary repairs).
• The maintenance and cleaning of the property is always at the tenant's expense.
• Repairs for wear and tear due to age or damage due to force majeure are always at the landlord's expense.
• The parties can limit or exclude the repair obligation of the tenant to limit or exclude it. The reverse (extending the repair obligation of the tenant) is not possible.
• Unless explicitly agreed otherwise, the costs and charges must correspond to the actual costs. Parties may at any time request the revision of fixed costs and charges and their conversion to the actual costs.
• Property tax cannot be charged to the tenant.

Walloon Residential Housing Code

• Costs and charges must correspond to actual expenditure, unless otherwise specified. If otherwise specified, either party may at any time request the revision of fixed costs and charges into actual costs.
• Property tax cannot be charged to the tenant.

Brussels Residential Housing Code

• Either party may request the revision of fixed costs and charges into actual costs at any time.

• Property tax cannot be charged to the tenant.

Last modified 1 May 2025

Is there a minimum duration for residential leases?

The same rule applies in the three Regions.

The obligation to register the residential lease contract rests with the landlord. The costs associated with any late registration shall be borne entirely by the landlord.

The registration is free of charge.

Last modified 1 May 2025

Is there a minimum duration for residential leases?

The Brussels-Capital Parliament approved the introduction of a preferential right for tenants on 19 September 2023. Such preferential right applies as of 1 January 2024.  Consequently, tenants whose rental property is offered for sale will benefit for a preferential right. In other words, the tenant will have the opportunity to be the first to purchase the leased property. This only applies to nine-year lease agreements.

Last modified 1 May 2025